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October 2004
New Jersey | Taco Bell Picnic Bench
"...the individual's right to go about his business or
to stay put and remain silent in the face of police questioning."
-- 528 U. S. 119, 125 (2000)
New Jersey vs. String
TacoBellPicnicBench.info | Taco-Directory |
Send in your comments by eMail
about David String and Taco Bell Picnic Bench case
eMail: Rights@EdwardLawson.com |
Crime Watch
Keeping an Eye Out for Police Misconduct in the USA |
David String in New Jersey
NEWS REPORT | This Just In:"Man with a taco sits silently at Taco Bell Picnic Bench.
Cops arrest him.""86 year old man in NYC with a meatloaf.
Cops arrest him."
Click here to listen to an AUDIO POSTCARD about all this.
86 Year Old Man Arrested in NY City
Overzealous cops not happy with the man's attitude
If this can happen to this 86 year old U.S. Citizen -- it can happen to you!
News Report 1 | NY City Man & David Sting
News Report 2 | NY City Man & David Sting
Two U.S. Citizens | Restaurant Take-Out Customers
One in New York City and One In New Jersey
Both were Arrested | Handcuffed | Taken to Police Station
by overzealous cops who "overstepped their bounds."
July 31, 2004 | New Jersey
1. David in NJ -- Taco Bell Picnic Bench -- Taco Take-Out | Arrested | Obstruction of Justice
-- Glassboro NJ Police Dept. | Patrolman Jones | Patrolman Christopher B. HernerAugust 10, 2004 | New York
2. An 86 Year Old Man in NY City -- Meatloaf Take-Out | Arrested | disorderly conduct
-- New York's Proudest: Richard Mattaliano | Keefe Roman, a rookie inspector
-- Enforce taxi rules and regulations but are also peace officers, able to make arrests.
86 year old U.S. Citizen in NY -- NEWS REPORTS:
an "overtly assertive and disrespectful manner."
-- [A US Citizen was] arrested Tuesday evening outside a New York City restaurant and
issued a summons for disorderly conduct.
-- the arrest for disorderly conduct of an 86-year-old man armed only with a meatloaf
-- two inspectors were questioning the driver and checking the vehicle,
-- [He] came out of Luke's Bar and Grill on Manhattan's Upper East side
carrying a take-out order of meat loaf.
Alan Fromberg
deputy commissioner for public affairs
at the New York City Taxi and Limousine Commission (TLC)
-- [He] approached the two inspectors, Fromberg said,
in an "overtly assertive and disrespectful manner."
-- [He] was asked to step away three times by the inspectors. [He] did not comply.
-- Two inspectors say he gave them trouble
when they were trying to ticket his driver for being double-parked
-- The second inspector handcuffed [Him] and placed him in an unmarked TLC vehicle.
-- [He] was then escorted to the 19th precinct and "issued a summons for disorderly conduct."
-- He was released soon afterward.
-- Luigi Militello, owner of Luke's Bar and Grill, said [He] is a regular customer
at his restaurant and "anyone that knows him can tell you he doesn't behave wildly."
-- "One of the officers was totally out of line," Militello said.
-- [The Officer] "manhandled him as if he was a common criminal."Later | Subsequent News Reports
-- [He] got the good news this week that he is off the hook for his arrest this month on disorderly conduct charges and no longer has an October court date.
-- [He] even got an apology
-- The commission told [Him] that the officer overstepped his bounds
when he arrested [him] for arguing with him
-- [He] is off the hook, but the two inspectors who had him arrested are on desk duty.Background Information |
-- inspectors operate in a culture of lawlessness,
which in recent years has started at the very top of the agency.
-- They tend to be hypervigilant in enforcing TLC's rules
but untrained in the law and the Constitution, not to mention manners and good sense.
-- taxi drivers... can be ticketed for a variety of alleged misdeeds, anything
from failure to fill out a trip sheet to "failure to cooperate"
to unspecified "acts against the best interest of the public."
-- It happens hundreds of times a year.
To Glassboro NJ officials:
JUST APOLOGIZE TO DAVID STRING
-- Prosecutor: Timothy Chell, Esq. | Just drop it and Apologize to David Sting
-- Patrolman Christopher B. Herner | Apologize to David Sting
-- Patrolman Jones | Apologize to David Sting
David StringStarts to eat a taco at the Taco Bell Picnic Bench in Glassboro, New Jersey USA where he had been previously arrested on July 31, 2004.
On July 31, 2004, Glassboro NJ Cops arrested David String, put him in handcuffs, and drove him to the Glasboro Police Station where he was put in a jail cell.
David had a valid NJ boating licenses in his wallet. The cops took his wallet out of his pants pocket at Taco Bell, and thus David had, in fact, "provided" identity information.
At the police department headquarters, while in handcuffs, the Cops mentioned to David that had the right to remain silent.
So, David was quiet and did not talk much.
After a night in a jail cell, the cops then charged David with a criminal offense for remaining silent -- refusing to provide identity information: Obstruction Of Justice.
A. Definitions. As used in this section, the following terms shall have the meanings indicated:
LOITERING -- Remaining idle in essentially one location, and includes the concepts of spending time idly, loafing or walking about aimlessly, and also includes the colloquial expression "hanging around."B.Certain types of loitering prohibited.PARENT or GUARDIAN -- Includes any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court or otherwise.
PUBLIC PLACE -- Any place to which the public has access, including any street, highway, road, alley or sidewalk. It shall also include the front or the neighborhood of any shop, store, restaurant, tavern or other place of business and public grounds, areas and parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this chapter, or, in the case of a minor, not owned by or under the control of his or her parent or guardian.
(1) No person shall loiter in a public place in such a manner as to:
(a) Create or cause to be created a danger or a breach of the peace.(b) Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
(c) Obstruct the free passage of pedestrians or vehicles.
(d) Obstruct, molest or interfere with any person lawfully in any public place. This subsection shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature of which are calculated to annoy or disturb the person to whom or in whose hearing they are made.
(2) No person shall loiter on the streets or in any public place or in or upon any private property not his or her own, within the limits of the Borough of Glassboro, being under the influence of intoxicating liquors.(3) No person shall loiter on the streets or other public places of said Borough, and no person shall, on said streets or in such public places or from any private property or in any private or public conveyances within said Borough, indulge in and utter loud and offensive or indecent language, or shall address or make audible any offensive remarks or comments upon any person passing along such streets or public places or in any public or private conveyances or upon private property.
(4) No person shall obstruct or interfere with any person or persons lawfully being in or upon such streets or public places or such private or public conveyances or upon private property.
C. Loitering by minors. No
parent or guardian of a minor under the age of 18 years shall knowingly
permit his or her minor to loiter in violation of this chapter.
D. Discretion of police. Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions listed above, he or she may, if he or she deems it necessary for the preservation of the public peace and safety, order that person to leave the place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter.
E.Violations and penalties.
(1) Notice of violation. Whenever any minor under the age of 18 years is charged with a violation of this chapter, his or her parent or guardian shall be notified of this fact by the Chief of Police or by any other person designated by him or her to give such notice.(2) Repeated violations. If at any time within 30 days following the giving of notice as provided above, the minor to whom such notice relates again violates this chapter, it shall be presumed in the absence of evidence to me contrary that the minor did so with knowledge and permission of his or her parent or guardian.
(3) Violations and penalties. Any person violating any of the provisions of this chapter shall, upon conviction, be punished by one or more of the following: a fine not less than $100 and not more than $1,000; or by imprisonment not exceeding 90 days or by a period of community service not to exceed 90 days, or both, in the discretion of the court.
David String in Glassboro NJ
Taco Bell Picnic Bench Site: TacoBellPicnicBench.info |
A friend arrested for eating at a Taco Bell picnic bench, and remaining silent while in police custody.
Glassboro Municipal Court
Judge: J. R. Powell
Prosecutor: Timothy Chell, Esq.
Public Defender: Scott Burns
Tel: 856-881-0383 | Fax: 856-881-8253
Site: glassboroonline.com/court.htm |
Any independently unlawful act
Right to Remain Silent while in Police Custody
Summons & Complaint Glassboro NJ Police Department
Purposely obstruct, impair or pervert the administration of law or other governmental functionby means of
an independently unlawful actSpecifically by
Refusing to provide information as to his identity, such asname,and did refuse to follow specific instructions
date of birth,
social security,
address,
given by Patrolman Jones
while processing the arrest at Glassboro headquarters
in violation of NJS 2C:29-1A
"to provide information as to his identity..."name,Information as to David's identity had, in fact, been provided:
date of birth,
social security,
address
The Police Officers had the wallet of David String, and inside that wallet was a NJ Boating License that included identity information for David String -- thus, while remaining silent David String had in fact "provided" information as to his identity. The Police Officers had the NJ Boating License of David Sting.
An independently unlawful act:
in other words, an act that is, without regard to its purpose to obstruct justice, already declared illegal.
An independently unlawful act
2C:29-1. Obstructing Administration of Law or Other Governmental Function.a. A person commits an offense if he purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.
Obstruction Of Justice
An Independently Unlawful Act = Right to Remain Silent
The Right To Remain Silent = An Obstruction Of Justice Charge
Glassboro NJ Police Report
Glassboro Borough
Patrolman Jones
Patrolman Christopher B. Herner #96
-- String became sarcastic and stated
it was a free country and he could do whatever he wantedThis is a free country.
I know my rights.
I can be here.
-- David String
-- Sting was again instructed to leave the area
but still refused and sat down at the picnic bench
-- String was transported to headquarters where he was processed.
Sting was completely uncooperative and refused to answer
any of the health questions or give information on the arrest sheet.
Glassboro NJ Police Report
Patrolman Jones
Patrolman Christopher B. Herner #96
-- String became sarcastic and stated
it was a free country and he could do whatever he wantedThis is a free country.
I know my rights.
I can be here.
-- David String
String became sarcastic
Any independently unlawful act
The Right To Remain Silent = An Obstruction Of Justice Charge
Taco Bell Drive Through Window Area
Taco Bell Corporation USA |
Official Deprivation of Civil Rights |
... denies or impedes another in the lawful
exercise or enjoyment of any right, privilege, power or immunity...
The Notice Above is not posted at Taco Bell -- but it is a good idea.
August 17, 2004 | PBS POV
Every Mother's Son
Three mothers join forces to demand justice
for their sons — all victims of police brutality
"Every Mother's Son" is a tragic account of police power gone awry. It is also a heartening and intimate portrait of three women who would not stand by silently when their sons had been unjustly silenced forever.
---> http://www.pbs.org/pov/pov2004/everymothersson/ |
Falsely Accused | Los Angeles CA USA
Jacob -- Harbor Division | LAPD | CRASH
Arrested At 13 | Coerced Confession | Tried As An Adult | Imprisoned At 19
Bruce Oliver Case |
Plaintiff Bruce Oliver, a criminal defense attorney, delivered his MG to Dave's Import Auto Shop ("Dave's") for servicing at approximately 6:45 a.m. on September 25, 1995, as prearranged with Dave's. Mr. Oliver's seventeen-year-old son, Michael, followed Mr. Oliver in the family's Chrysler. Before reaching Dave's, Mr. Oliver pulled over near an intersection to wait for his son to catch up with him. As Michael arrived, both father and son saw Centerville Police Officer James Woods follow them to Dave's, where Mr. Oliver parked his MG in the parking lot in front of the shop and got into the driver's seat of the waiting Chrysler....
Edward Lawson
July 2003 | Venice, California
To quote President Ronald Reagan: "There you go again."
Edward Lawson auditions a new crop of LA police officers in Venice, California USA.
Edward Lawson and the LAPD in 2003
Edward Lawson | Part 1 | 10 min.
Edward Lawson | Part 2 | 10 min.
Edward Lawson | Part 3 | 10 min.
U.S. Supreme Court KOLENDER v. LAWSON | 1983
-- 461 U.S. 352 (1983) |